‘I Told You So’ #cj trial

Teditorial: I Told You So

Can the chief justice be impeached for his interpretation of the law that his accusers completely agree with by not signing their own waivers?

By Teddy Locsin Jr.

I wrote this last night and for the past three weeks, I was predicting on Twitter 18, 19, even 20 will convict. For today was not the day of decision but the day the decision would be announced.

Like a bicameral conference for all the haste of this impeachment, it must have been discussed before it was filed. The decision of the Senate impeachment court making up a law as the trial went along and then convicting for it is the bill of attainder of which Enrile warned.

This was not impeachment as a political process, but a political assassination masquerading as a judicial procedure. An impeachment aspires to judicial procedure, ever mindful of judicial rules, above all respectful of due process that no citizen can be denied however high or low. That is why the senators wore the costumes of judges to look like judges. But this was not a trial but a long execution carried out by the legislature at executive behest.

The grounds for the chief justice’s impeachment were culpable violation of the constitution and betrayal of the public trust. Culpable means blameworthy that excludes unintentional wrong. (I was very good at Latin.) In this case, the act was not even wrong. The BIR says no taxpayer ever declared dollar deposits. Other grounds are treason, bribery, graft and corruption. The grounds differ. But all share a necessary quality. They must all be of equal gravity in being so obviously (note: obviously) wrong as to threaten the order of political society, making it pestilent and perilous for the perpetrator to stay in power.

Of what was the chief justice accused that made him pestilent and his tenure perilous? It is the chief justice’s accusers in the Palace, in the House, in the Senate and in the media who threaten democracy, the rule of law and the order of political society. The very allegations of culpable violation and betrayal of the public trust must already show what they did not in this case: a clear threat to the social order equal to treason.

Enrile made it clear. The chief justice was not charged with ill-gotten wealth, only of failing to declare all of his presumably honestly earned money.

Betrayal of the public trust does not mean “I don’t trust, honey,” like a politician’s wife says when she catches him in bed with someone else.

The constitution has a special definition. Betrayal of public trust is such gross irresponsibility, such brazen lack of integrity, such repeated disloyalty to duty, such heedless inefficiency and laziness in the public service, such glaring injustice and extravagant living as to pose a threat to the good order of society.

No real let alone legal proof showed of any of that. Such proof as the prosecution attempted did not approach the standard of clear and convincing evidence for conviction.

The chief justice was accused of culpable violation of the constitution. But in what regard? How culpable? What was the act or omission and how was it wrong? Can that be wrong which everyone does under a law and only one is accused of it? Signing the waiver acquited the chief justice and put all his accusers on trial.

The chief justice did not conceal his money. It is not concealment when law itself shields the money. The senators lambasted him for that but went along with the TRO. Their secrets had to be shielded but his could not be. They could convict him for hiding what they can keep hiding after all.

Then the chief justice did the unforgivable. He waived the secrecy of his dollar deposits. Now the senators are expected to declare their deposits also. Corona was dead. He was expected to lie down and die alone, not take the senators with him.

In the end, did the chief justice misdeclare all that he owned as public officers are required to report? But the remedy for misdeclaration is self-correction not impeachment as we shall see when a friend of the president is finally caught. Indeed, impeachment is always too grave a remedy. A reckless impeachment undermines the independence of the judiciary as it can weaken the energy of the president.

What the senate did today will decide whether ours shall thenceforth be a government of laws and of separated powers or a government of whimsy and one-gang rule; whether ours shall be a government of limited powers or of powers as far as a president’s ambition will go. Judicial decisions will change with time; political actions will harden with expedient repetion. And this is a government of expediency galore.

It all came down to the question: can the chief justice be impeached for his interpretation of the law that his accusers completely agree with by not signing their own waivers? That is hypocrisy and a violation of the equal protection of the law.

I therefore submit the answer is no. Yet the senate said yes. I told you so. Good night.

convicted #cj trial

so, is it a moment of rare triumph for the forces of good vs evil, as in, maybe, EDSA uno?  i’m sure the president and his supporters would like to believe so, that this is a win for “the people,” good job.

but as in the aftermath of EDSA, i doubt that it means a new beginning.  i would love to be proven wrong, though, by this now very powerful president who, for all intents and purposes, it would seem, has  shown that he has the legislature and soon will have the judiciary under his thumb, so to speak, and without having to declare martial law, because in the name of “the people.” and let’s not forget the media.

now we know: what this president wants, this president gets.

i don’t know that that is anything to celebrate until we see how else he will use the power.

but i will celebrate when this very powerful president gets the legislature to pass the RH and freedom of information bills into law.  i will celebrate when this very powerful president gets the military to produce jonas burgos and general palparan.  i will celebrate if, when, this very powerful president finally gets the economy truly moving, without leaving anyone behind, now that corona the alleged stumbling block is gone.

let’s not settle for less.

‘Acquit Him’ #cj trial

ellen tordesillas, who would like to see corona convicted, said last thursday that even before may 22, malacanang palace already had enough votes (16 of 23) to convict corona.

teddy locsin jr., who thinks corona should be acquitted…

Teddy Locsin Jr. ‏@teddyboylocsin
@riaroxas I can’t even figure out what he is accused of that is impeachable.

… tweeted this today, at 11:26 a.m.

Teddy Locsin Jr. ‏@teddyboylocsin
@mahalpilipinas @mled26 Noy said he has sewed up 18 votes. It is over. 

so the summations by prosecution and defense on monday are a formality na lang, the senators judges have made up their minds.  hmm.  believable naman that the palace has been wooing, and possibly winning, as many senator judges’ votes as needed, if not more, given the last five months’ no-holds-barred campaign of the aquino admin to demonize corona, complete with mainstream and social media support.

however, i like to think there’s still a possibility of at least 7 senator judges voting to Acquit Him.  just because, considering the law he cited, i don’t think that not declaring his dollar accounts and co-mingled peso funds in his SALN is an impeachable offense.  i have also not forgotten that it was a weak impeachment complaint to begin with, and that(‘s why) it had to be railroaded, no due process.  also, an acquittal would send an important message to the yellow media that allowed themselves to be used in the trial by publicity: it’s no way to build credibility and it’s no help to in nation-building.  finally, a conviction would give the executive control over the judiciary, sooner or later, as in gma times, and we know what a disaster that would be for our fragile democracy.

i know, i know, an acquittal would be bad news for the president; but look at the bright side — he’d have someone to blame for noynoying on stuff that requires a compliant judiciary.  and he can try and have corona impeached again, but build a solid case naman (i’m still suspicious of those huge deposits on significant dates, for instance) and observe due process sana, for a change.  ‘wag padalusdalos.

read atty jay c. de castro’s prognosis back in february: Senators Will Sustain Bill of Rights, May Acquit CJ Corona

Those who do not have the “cold neutrality of an impartial judge” and will 100% convict Corona, with or without evidence, are the LP Senators, 1) Frank Drilon, 2) TG Guingona, 3) Kiko Pangilinan and 4) Antonio Trillanes.

Those who’ll convict the CJ based on the evidence adduced, that is, his million-peso deposits in PSB and BPI, are, Senators, 5) Koko Pimentel, 6) Serge Osmena, 7) Ralph Recto, 8) Ed Angara and 9) Ping Lacson.

Those who’ll acquit the CJ, due to their own strict interpretation of the law, and strong adherence to the jurisprudence, laid in the case of Diokno vs. Stonehill, that evidence illegally seized or obtained are inadmissible, and therefore, cannot be used to convict Chief Justice Corona, are Senators, 1) Miriam Defensor-Santiago, 2) Joker Arroyo and 3) Juan Ponce Enrile.

Those who’ll adhere to said doctrine and champion the Bill of Rights, guaranteed in our Constitution are, Senators, 4) Chiz Escudero, 5) Jinggoy Estrada, the siblings, 6) Alan Peter and 7) Pia Cayetano, 8) Greg Honasan, 9) Loren Legarda, 10) Manny Villar and 11) Tito Sotto.

Those who’ll join this group and vote for acquittal, due to their affinity with former President GMA are, 12) Bong Revilla, 13) Lito Lapid and 14) Bongbong Marcos. Bongbong cannot reconcile with P-Noy, because of the latter’s rejection of the late dictator’s burial in the Libingan ng mga Bayani.

In fine, despite the evidence adduced against him, CJ Corona, MAY BE ACQUITTED, due to the Prosecution’s own making, i.e., their use or introduction of illegally obtained evidence against the former, which is repugnant to our Constitution, particularly the Bill of Rights, which command the acquittal of an accused, if the evidence presented against him, are manufactured or illegally obtained, and therefore inadmissible in our courts of law.

Indeed, of what use is the liberty against corruption, if those who campaign against it, resort to illegal and corrupt means to quell it? ” Atty. Jay C. De Castro, Founder, Magkaisa Para sa Bayan, February 10, 2012.

pero parang ang dami na masyadong nangyari since, and who knows how any of it, especially the corona testimonies and the walkout-walkback drama, may have altered certain mindsets.

whatever, acquit or convict, i’m looking forward to hearing the senators explain their votes, esp the ones with 2013 on their minds.

spinning the walkout & the waiver #cj trial

wikipedia: In labor disputes, a walkout is a labor strike, the act of employees collectively leaving the workplace as an act of protest.

free dictionary: walk out 1. To go on strike. 2. To leave suddenly, often as a signal of disapproval.

merriam-webster: WALK OUT  1: to leave suddenly often as an expression of disapproval 2: to go on strike

was just listening to atty tranquil salvador on dzmm.  he gets A for eyffort, but i don’t buy the illness excuse, that corona was feeling so sick he didn’t know what he was doing, and that he may have thought nakapagpaalam na siya nang maayos.

what happened, what we saw, was a walkout, consistent, of a piece, with the belligerent barako tenor of his 3-hour performance statement.

if it were true that he was feeling ill, he couldn’t have stood up so easily, stepped down from the witness stand without a pause, or walked out so quickly and steadily without help.  if he were truly feeling hypoglycaemic, it would have made more sense to remain seated, ask for a coke, then ask to be excused and helped out of the place rather than risk the indignity of a collapse while walking out.

if he were truly feeling ill, but he was sure he could manage to walk out with dignity, then the first thing he or his wife or daughter should have sent for was a coke, whatever, instead of heading straight toward an exit where his car was waiting, motor running (o baka naman may coke doon), to take him away who knows where, possibly the supreme court, for the next phase of the battle.

i daresay that the illness set in only when he realized that his ploy had failed and so nag-regroup, asked for a coke and then a wheelchair.

i daresay that if the chief justice had gotten away before the lockdown, it would be an entirely different story unfolding.

and so the spin that it wasn’t a walkout but force majeure, coming from some senator-judges, only betrays how their trapo minds work and, of course, how they’re going to vote.  why else would they be making excuses for him.

Senate Majority Floor Leader Vicente Sotto III said there was no walkout because Corona sought the court’s permission before leaving. His only fault, he said, was that he did not wait for Senate President Juan Ponce Enrile, the presiding judge, to discharge him.

“You cannot call it walkout, although it was not the proper procedure,” Sotto said.

Senator Ferdinand Marcos Jr. also believed there was no walkout because the Chief Justice returned to the session hall later in a wheelchair.

as for the conditional waiver: the spin is that it’s merely a diversionary tactic.  hmm.  read Corona’s challenge by rene azurin:

Regardless of how one feels about Mr. Corona and his alleged crimes, the words with which he ended his statement at the Senate last Tuesday accurately reflect what many Filipinos feel at this point: “…I beg you, ladies and gentlemen of the prosecution, not to engage me in argumentation about who is on trial here. We — you and me — are on trial here. Let’s stop all this posturing and show the Filipino nation what we’re made of…This is an invitation, a challenge for public accountability made only with the hope that we can all together give our nation one shining moment in public service.” Very well said.

The Filipino people have not hitherto been able to do any wholesale cleaning up of our messed-up government, mainly because the political and economic elite who run this country have been careful not to provide us (the powerless masses) with the means or the opportunity. Mr. Corona’s challenge opens the door a crack. If we are serious about wanting reform in this country, we should all add our collective voice to his and loudly insist on implementing what he has proposed.

senator judge drilon finds corona’s challenge ‘funny’ (as in, more fun-ny in the philippines?) while also warning that opening all government officials’ foreign currency deposits for scrutiny would be “disastrous to the banking system.”  the fear, i hear, is that government officials with unexplained wealth would be constrained to move their funds to “more hospitable jurisdictions” (as an fb friend puts it), which would be bad for the banks, baka magka-bank run pag na-tense rin ang ordinary depositors.

hmm.  but our banks are awash with cash: Philippine banks very liquid–BSP.  and if what my fb friend says is true, that “there are more prosperous business men and professionals than public officials in the banking system,” then it would seem that the banking system should be able to withstand the disaster drilon warns of.  a proper information campaign addressed to, and assuring, ordinary if rich depositors that they would not be affected would go a long way towards preventing bank runs.  it’s time the banking system took a stand against corruption, and for the legitimately private-citizen rich to stand by their banks.

the hitch, correct me if i’m wrong, is that under the bank secrecy law, we have no way of knowing who these crooked government officials are who would move unexplained wealth out of the country.  and even if we demanded a law that makes it mandatory for all government officials, appointive and elective, to waive privacy rights to their bank accounts upon assuming office, again, there would be nothing to prevent them from bankng unexplained wealth abroad.  hayyy.  paano na nga ba.

but first things first.  the latest from anc is that corona will attend the trial tomorrow and that he will submit an unconditional waiver, his way of proving that it is not he, but drilon & the reps, who have something to hide.

if true, then maybe he still has a chance of being acquitted.  although according to ellen tordesillas, the palace already had enough votes (16 of 23) to convict even before may 22.  we will know soon enough.